HomeMy WebLinkAboutSA Resolution 2013-05 (Corporate Center)RESOLUTION NO. 2013-05
A RESOLUTION OF THE SAN RAFAEL SUCCESSOR AGENCY
APPROVING A REQUEST FOR A SECOND EXTENSION OF THE
CONSTRUCTION SCHEDULE FOR THE PHASE II BUILDINGS
IN THE SAN RAFAEL CORPORATE CENTER
WHEREAS, on February 17, 1998 the San Rafael City Council approved a Development
Agreement with Fair, Isaac and Company, Inc. ("Fair, Isaac") for the development of a phased
office park on property located at Second and Lindaro Streets now known and hereafter referred
to as the San Rafael Corporate Center; and
WHEREAS, on May 18, 1998, in connection with the City Council's approval of the
Development Agreement, the San Rafael Redevelopment Agency ("the Redevelopment
Agency") entered into an Owner Participation, Disposition and Development Agreement ("the
OPDDA") providing for the sale to and development by Fair, Isaac of certain Redevelopment
Agency real property as part of the San Rafael Corporate Center; and
WHEREAS, the San Rafael Corporate Center project, including title to the properties
subject to the Development Agreement and the OPDDA and all the rights and obligations of
Fair, Isaac under the Development Agreement and the OPDDA and all amendments to those
agreements, subsequently have been assigned and transferred to a new property owner/developer
called Seagate SR Corporate Center LLC, a California limited liability company ("Seagate
SRCC"); and
WHEREAS, the OPDDA establishes the schedule for construction of the San Rafael
Corporate Center, and provides, in part, that once Seagate SRCC commences construction on
Phase II of the project it must diligently pursue construction of the remaining structures and
parking without interruption until completion; and
WHEREAS, Seagate SRCC commenced construction of Phase II in compliance with the
Development Agreement and the OPDDA and completed construction of the office buildings at
770 and 790 Lindaro Street and the parking garage at 775 Lindaro Street in 2009, but wished at
that time to delay commencement of the final Phase II office building at 791 Lincoln Avenue and
parking garage at 788 Lincoln Avenue, due to the poor economic conditions created by the Great
Recession; and
WHEREAS, Section 9.04 of the OPDDA provides that times of performance under the
OPDDA may be extended in writing by the Redevelopment Agency and the developer; and
WHEREAS, on July 20. 2009, the Board of the Redevelopment Agency adopted
Resolution No. 2009-11 approving a request from Seagate SRCC for postponement of the
commencement of construction of the final Phase II building and parking structure for a period
of 30 months, with the additional agreement that a second 30 -month extension may be granted
by the Rede elopment Agency Board upon reasonable and timely request by Seagate SRCC: and
WHEREAS, due to the continuing challenges related to the Great Recession, on
September 23, 2013 Seagate SRCC submitted a timely written request for an additional 30 -
month extension of the required construction schedule, and
WHEREAS, the California State Legislature enacted Assembly Bill xl 26 to dissolve
redevelopment agencies formed under the Community Redevelopment Law (Health and Safety
Code Section 33000 et sect.); and
WHEREAS, on February 1, 2012, the San Rafael Redevelopment Agency was dissolved
pursuant to Health and Safety Code Section 34172; and
WHEREAS, on January 3, 2012 and pursuant to Health and Safety Code Section 34173,
the City Council of the City of San Rafael (the "City Council") declared that the City of San
Rafael, a municipal corporation, would act as the San Rafael Successor Agency, as successor to
the dissolved Redevelopment Agency, effective February 1, 2012; and
WHEREAS, the City Council, acting as the Governing Board of the San Rafael
Successor Agency, finds that the requested extension is reasonable and timely;
NOW, THEREFORE, BE IT RESOLVED that the City Council, acting as the
Governing Board of the San Rafael Successor Agency, hereby approves, pursuant to Section
9.04 of the OPDDA, Seagate SRCC's September 23, 2013 written request to postpone the
commencement of construction of the 791 Lincoln Avenue office building and the 788 Lincoln
Avenue parking garage for an additional period of 30 months, through March 28, 2016.
1, Esther C. Beirne, Secretary of the San Rafael Successor Agency, hereby certify that
the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of
the San Rafael Successor Agency, held on Monday, the 18t" day of November, 2013, by the
following vote, to wit:
AYES: Members: Colin, Connolly, Heller, McCullough & Chainnan Phillips
NOES: Members: None
ABSENT: Members: None
iter Cef f,
Esther C. Beirne, Secretary-_...__
San Rafael Successor Agency
September 23, 2013
Paul Jensen, AICP
Community Development Director
City of San Rafael
1400 Fifth Ave.
San Rafael, CA 94915-1560
RE: San Rafael Redevelopment Agency Resolution No. 2009-11
San Rafael Corporate Center
Dear Paul:
This letter is being written with reference to the San Rafael Redevelopment Agency Resolution
No. 2009-11 whereby Seagate SR Corporate Center, LLC (hereafter "Seagate SRCC") as a
member of the ownership of SR Corporate Center Phase Two LLC was granted a thirty (30)
month extension in which to commence construction of the 791 Lincoln Avenue office building
and the 788 Lincoln Avenue parking garage along with a second thirty (30) month extension
upon reasonable request by Seagate SRCC. The San Rafael Redevelopment Agency Resolution
No. 2009-11 was ratified by the City of San Rafael Resolution No. 12794 on July 20, 2009.
(Copies attached.)
Seagate SRCC does hereby request that the San Rafael Redevelopment Agency, or successor in
interest thereof, grant and vest the second thirty (30) month extension effective upon the
expiration of the initial thirty (30) month extension. Seagate SRCC has complied with all of the
conditions contained within the Agency Board's Resolution including providing for adequate
interim paved parking, completing the final approved landscaping on the 791 building pad and
installing a perimeter fence with screening around the garage building pad.
Please let me know what if anything further needs to be submitted to the City of San Rafael in
order for you to proceed in processing this request. Thank you for your assistance with this matter
and please do not hesitate to give me a call with any questions you may have regarding this
request or any other aspect of the San Rafael Corporate Center.
Sincerely,
Willis K. Polite Jr. �..r
SR Corporate Center Phase TNvo, LLC
Seagate SR Corporate Center. LLC
cc: Nancy Mackie, City Manager
Dennis Fisco. Seagate SR Corporate Center, LLC
980 FIFTH AVENUE , SAN RAFAEL, CALIFORNIA 94901
(415) 455-0.300 • FAX (415) 453-2892